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Former Manchester Fire Chief Says Two Firefighters Involved In Plot To Oust Him
Aug. 24--MANCHESTER -- A former fire chief contends that two firefighters were key conspirators in ousting him as chief and should be added as defendants in his lawsuit against the Eighth Utilities District.
Paul Litrico claims in court filings that he did not know the two men were involved in plotting against him four years ago until district board member John Topping revealed their names during a deposition this year.
Matthew Shanley, a paid firefighter/EMT with the district, and Alex Zajac, a paid dispatcher and volunteer assistant chief, should be added as defendants because they "played an integral role" in events that led to Litrico's wrongful removal as chief, according to a motion by his attorney, Eric Daigle.
In 2014, Litrico sued the district and members of the board of directors, including Topping, who did not reappoint him as chief in 2012. Litrico contends in the pending suit that district officials slandered him, leading to a criminal investigation in which he was accused of falsifying records to grant tax breaks to certain firefighters.
Under a town ordinance, district firefighters are eligible for abatement of up to $400 on their motor vehicle taxes each year if they respond to 120 emergency calls, at least 25 of which are mutual aid calls. District firefighters cover calls in the northern third of town and answer mutual aid calls in other areas of town.
About a month before the board's vote on July 16, 2012, not to reappoint Litrico, Topping said mutual aid records used to calculate the tax breaks were left anonymously at his home. He has said he immediately turned the documents over to the utility district's attorney.
District President Mary O'Marra has said that she believed the person who left the documents was trying to alert Topping that Litrico had sought tax breaks for ineligible firefighters. Manchester police arrested Litrico in December 2012 and charged him with falsifying records. Police said they found that from May 2011 to April 2012, only three firefighters met the requirements to receive the tax break, but Litrico had turned in a list to the town with 17 names, including himself and his wife, Mary Beth Litrico, who was assistant fire chief at the time.
A judge, however, dismissed the case after a prosecutor cited chain of custody issues with evidence.
In May during a deposition with Litrico's attorney, Topping said Shanley had handed him the documents that he previously claimed had been left anonymously on his front porch. Topping said Shanley received the documents from Zajac, according to the transcript.
Shanley and Zajac should be added as defendants in the suit because they were "part of the general consipracy to remove" Litrico as chief, according to the motion.
In his deposition and in an interview Tuesday, Topping said he did nothing wrong. He said he was trying to protect Shanley from retaliation by Litrico.
"Things had been done to employees in the past who had spoken out against those in power," Topping said. "I did what was expected of any elected official -- you want to get to the bottom of any wrongdoing, and that's exactly what happened in this case."
Daigle, Litrico's lawyer, said Tuesday he is waiting for a court date to argue the motion.
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